HomeMy WebLinkAboutItem 1 PLANNING COMMISSION NUM ER
S
STAFF REPORT 1
TO: Planning Commission
FROM: Director of Community Development
MEETING DATE: AUGUST 1, 2016
SUBJECT: NEW BUSINESS
REQUEST FOR A MINOR USE PERMIT (MUP 16-7) TO
ALLOW AN ALTERATION OF INTERIOR WALLS TO
WIDEN INTERIOR DOORWAYS, CREATE A NEW FULL
BATHROOM AND CONVERT AN EXISTING BATHROOM
TO A HALF BATHROOM WITHIN AN EXISTING
RESIDENCE ON A TWO UNIT PROPERTY THAT IS
NONCONFORMING DUE TO SETBACKS AND PARKING
IN THE RESIDENTIAL HIGH DENSITY(RHD-20)ZONING
AREA.
LOCATION: 111 2ND Street
APPLICANT: Dave Huckemeyer
RECOMMENDATION: After conducting the Public Meeting, staff recommends that
the Planning Commission adopt Resolution No. 16-18,
APPROVING Minor Use Permit 16-7 with Conditions.
Minor Use Permit 16-7
111 2"d Street
GENERAL PLAN DESIGNATION: RESIDENTIAL HIGH DENSITY
ZONE: RHD-20 (RESIDENTIAL HIGH DENSITY)
SITE DESCRIPTION:
Assessor's Parcel Number: 199-145-11
Lot Area: 5,875 sq. ft.
Gross Floor Area: 1,800 sq. ft.
Surrounding Properties: North: Residential High Density (RLD-20)
South:Residential High Density (RLD-20)
East: Residential High Density (RLD-20)
West: Residential High Density (RLD-20)
ENVIRONMENTAL ASSESSMENT:
This project is determined to be a Class 1 (Existing Facilities) Categorical Exemption
pursuant to Section 15301 of the Guidelines for the California Environmental Quality Act
(Public Resources Code Section 21000 et seq.)for the permitting of the alteration of walls
to remodel the interior to create an open floor plan, add one bathroom and modify a
bathroom to create a half bath at an existing nonconforming residence where modifications
are required for the renovation.
LEGAL NOTIFICATION:
The legal notice of this hearing was published in the Seal Beach Sun Newspaper on July
21, 2016 and mailed to property owners and occupants within a 300' radius of the subject
property on July 21, 2016, with affidavits of publishing and mailing on file.
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Page 2 of 4
Minor Use Permit 16-7
111 2nd Street
ANALYSIS:
Dave Huckemeyer, ("the applicant") filed an application for Minor Use Permit 16-7
requesting approval for the alteration of less than 25% of interior walls to remodel the
interior of a residence to create a more open and accessible floor plan and to add a full
bath and convert an existing bathroom into a half bathroom in an existing residence on a
nonconforming property. The subject site is located on the west side of 2nd Street between
Ocean Avenue and Central Way in the Old Town area. The parcel is developed with two
units consisting of a one story residence in the front and a second unit over a detached two
car garage in the rear. The subject site is located in the RHD-20 zone and is surrounded by
residential uses on all sides.
The subject property is nonconforming due to parking along with side and rear yard
setbacks. According to Table 11.2.05.015 of the Seal Beach Municipal Code, properties in
the RHD-20 zone are required to maintain an interior side yard setback that is 10% of the
lot width. The subject property measures approximately 50 feet wide by 117.5 feet long.
Based on these dimensions, the development standard requires an interior side setback of
5 feet and the residence only has 4-foot side yard setbacks. The rear yard setback
according to Table 11.2.05.015 of the Seal Beach Municipal Code is required to be 24 feet
minus the width of the alley, however, the property only provides a 4 foot rear setback not
the required 9, as the alley is 15 feet wide.
According to Table 11.4.20.015.A.1 of the Seal Beach Municipal Code, residential uses in
the RHD-20 zone are required to provide 2 off-street parking spaces per dwelling unit. The
site contains two dwelling units which require four enclosed parking spaces per the current
code. The property only contains one two-car garage which makes the site deficient by two
parking spaces.
The applicant is proposing to widen the interior opening between the living room and
kitchen and the opening between the living room and hallway leading to bedrooms to
create a more open floor plan. The applicant is also requesting to add a full bath for use by
the existing bedrooms and convert an existing full bathroom into a half bath for the
common areas of the residence. The applicant recently remodeled the kitchen and a
separate bathroom without modifying interior walls. As part of the improvements to the
property, damaged exterior windows will also be replaced.
The Seal Beach Municipal Code (SBMC § 11.4.40.015.B) allows minor improvements
which involve the removal or alteration to less than 25% of a structure's interior walls,
provided the bedroom/bathroom ratio does not exceed one and one half bathrooms for
each bedroom. The applicant's scope of work includes converting an existing full bathroom
into a half bath in order to meet this code requirement. The subject building is proposed to
have two bedrooms and two and a half bathrooms. No additional square footage is
proposed and additional bedrooms will not be created and the residence will conform to the
provisions of SBMC § 11 .4.40.015.B.
Page 3 of 4
Minor Use Permit 16-7
111 2nd Street
CONCLUSION:
After conducting the public hearing and receiving testimony, staff recommends that the
Planning Commission adopt attached Resolution No. 16-18 approving MUP 16-7 to permit
the alteration of less than 25% of interior walls to remove interior walls to create an open
floor plan and to add a full bath and modify an existing bathroom to create a half bathroom
in a residence on a nonconforming property a!111 2nd Street.
Prepared by:
•
Steve Fowler Jim Basham..
Community Development Department Director of Community Development
Attachments:
1. Resolution No. 16-18—A Resolution of the Planning Commission of the City of Seal Beach,Approving Minor
Use Permit 16-7,to allow an alteration of less than 25%of interior walls to remove walls to create an open floor
plan and to add a full bath and modify an existing bathroom to create a half bathroom on a property that is
nonconforming due parking, and setbacks is located in the Residential High Density (RHD-20)zoning area.
2. Project architectural plans.
3. Site photo.
Page 4 of 4
RESOLUTION NO. 16-18
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 16-7
TO ALLOW AN ALTERATION OF LESS THAN 25% OF
INTERIOR WALLS TO WIDEN INTERIOR OPENINGS, CREATE
A NEW FULLL BATHROOM AND CONVERT AN EXISTING
BATHROOM TO A HALF BATHROOM WITHIN AN EXISTING
TWO BEDROOM RESIDENCE ON A PROPERTY THAT IS
NONCONFORMING DUE TO PARKING AND SETBACKS AND
IS LOCATED IN THE RESIDENTIAL HIGH DENSITY (RHD-20)
ZONING AREA AT 111 2ND STREET.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
Section 1. Dave Huckemeyer ("the applicants") submitted an application to
the Community Development Department for Minor Use Permit 16-7. The proposed project
includes remodeling the interior of the residence to create an open floor plan, add a full bath
and convert an existing bathroom into a half bathroom on a property that is nonconforming
due to setbacks and parking located in the Residential High Density (RHD-20) zoning area.
Section 2. This project is determined to be a Class 1 (Existing Facilities)
Categorical Exemption pursuant to Section 15301 of the Guidelines for the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the permitting
of alterations to the interior an existing residence where only minor modifications are required
for the renovation.
Section 3. A duly noticed public meeting was held before the Planning
Commission on August 1, 2016 to consider Minor Use Permit 16-7. At the public hearing, the
Planning Commission received into the record all evidence and testimony provided on this
matter. The record of the hearing indicates the following:
A. The applicant submitted an application to the Community Development
Department for Minor Use Permit 16-7 for a proposed project at 111 2nd Street, Seal Beach,
California.
B. The subject property is rectangular in shape with a lot area of
approximately 5,875 square feet. The property is approximately 50 feet wide by 117.5 feet
deep. The site is surrounded by residential uses on all sides.
C. The subject property is currently developed with a one story residence in
the front and a second unit over the existing detached two-car garage in the rear. Based on
the existing side yard setbacks and parking conditions, the subject property is considered
nonconforming. The proposed improvements will not expand any existing nonconformity
because no new bedrooms or additional habitable square footage are proposed.
D. The Seal Beach Municipal Code (SBMC § 11.4.40.015.B) allows minor
improvements which involve the removal or alteration to less than 25% of a structure's
interior walls, provided the bedroom/bathroom ratio does not exceed one and one half
Page 1 of 4
Resolution 16-1
111 2nd Street
bathrooms for each bedroom. The proposed improvements will result in two bedrooms and
two and a half bathrooms.
E. The applicant is requesting to modify the existing residence on the
nonconforming property through alteration of less than 25% of the interior walls in order to
remodel the interior of the residence to create an open floor plan. The subject property will
have two bedrooms and two and a half bathrooms. No new bedrooms will be created and
the residence will conform to the provisions of SBMC § 11.4.40.015.B.
Section 4. Based upon the facts contained in the record, including those
stated in the preceding Section of this resolution and pursuant to Chapter 11.5.20 of the Seal
Beach Municipal Code, the Planning Commission makes the following findings:
A. The proposed minor improvements are consistent with the General Plan
which encourages architectural diversity in the Old Town area (Planning Area 1) while
ensuring compatibility between residential and commercial uses. The General Plan also
recognizes existing nonconforming land uses and permits minor alterations. The proposed
alteration of less than 25% of interior walls in order to remodel the interior of the residence to
create an open floor plan and to add a full bath and modify an existing bathroom to create a
half bathroom will not change the character of the property, will not expand any
nonconformity, and will be consistent with other surrounding properties.
B. The proposed use is allowed within the applicable zoning district with
Minor Use Permit approval and will comply with all other applicable provisions of the
Municipal Code. The subject site is located within the Old Town RHD-20 zone, an area where
the Seal Beach Municipal Code (Section 11.4.40.015.B) allows minor improvement such as
alteration of less than 25% of interior walls with approval of a Minor Use Permit.
C. The proposed use, as conditioned below, will be located on a site that is
physically adequate for the type, density, and intensity of use being proposed, including
provision of services, and the absence of physical constraints. The subject site is currently
developed with a one story residence in the front unit and a second unit over the existing
detached two-car garage in the rear and is considered nonconforming due to setbacks, and
parking. The alteration of less than 25% of interior walls will not add habitable space and will
maintain development standards applicable to the RHD-20 zone. The improvement will not
increase density or change beyond existing use of property.
D. The location, size, design, and operating characteristics of the proposed
use, as conditioned below, will be compatible with and will not adversely affect uses and
properties in the surrounding neighborhood. The subject site is located within the RHD-20
zone, which consists of properties developed as single family and multi-family residences.
The improvement will not add habitable space, will not change existing operating
characteristics of the single family residence, and will remain similar to surrounding uses
throughout RHD-20.
E. The establishment, maintenance, and operation of the proposed use will
not be detrimental to the health, safety, or welfare of persons residing or working in the
vicinity. The alteration of less than 25% of interior walls will not increase bedrooms, exceed
Page 2 of 4
Resolution 16-1
111 2nd Street
the bedroom/bathroom ratio authorized under the development standards, or intensify use on
the property. The subject site will continue to operate as a residential property, which is
consistent with the uses in the surrounding neighborhood.
Section 5. Based on the foregoing, the Planning Commission hereby
approves Minor Use Permit 16-3 for alteration of less than 25% of interior walls in order to
remodel the interior of the residence to create an open floor plan and to add a full bath and
modify an existing bathroom to create a half bathroom is subject to the following conditions:
1. Minor Use Permit 16-3 is approved for the alteration of less than 25% of interior walls
in order to remodel the interior of the residence to create an open floor plan and to add
a full bath and modify an existing bathroom to create a half bathroom on a
nonconforming property located at 111 2nd Street.
2. All plan check and future construction shall be in substantial compliance with the plans
approved through Minor Use Permit 16-7. All new construction shall comply with all
applicable state and local codes.
3. The applicant is required to obtain all Building and Safety permits prior to construction
or demolition.
6. This Minor Use Permit shall not become effective for any purpose unless an
"Acceptance of Conditions" form has been signed, notarized, and returned to the
Community Development Department; and until the ten (10) day appeal period has
elapsed.
7. The applicant shall indemnify, defend and hold harmless the City, its officers, agents
and employees (collectively "the City" hereinafter) from any and all claims and losses
whatsoever occurring or resulting to any and all persons, firms, or corporations
furnishing or supplying work, services, materials, or supplies in connection with the
performance of the use permitted hereby or the exercise of the rights granted herein,
and any and all claims, lawsuits or actions arising from the granting of or the exercise
of the rights permitted by this Minor Use Permit, and from any and all claims and
losses occurring or resulting to any person, firm, corporation or property for damage,
injury or death arising out of or connected with the performance of the use permitted
hereby. Applicant's obligation to indemnify, defend and hold harmless the City as
stated herein shall include, but not be limited to, paying all fees and costs incurred by
legal counsel of the City's choice in representing the City in connection with any such
claims, losses, lawsuits or actions, expert witness fees, and any award of damages,
judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action.
Page 3 of 4
Resolution 16-1
111 2nd Street
PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at
a meeting thereof held on August 1, 2016, by the following vote:
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
Esther Cummings
Chairperson
ATTEST:
Jim Basham
Planning Commission Secretary
Page 4 of 4
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